92002E0662

WRITTEN QUESTION P-0662/02

by Roberto Bigliardo (UEN) to the Commission

(1 March 2002)

Subject: Montefibre (Acerra, Italy)

Is the Commission aware of the environmental impact problems which have existed for decades in relation to the industrial activities of the enterprise Montefibre s.p.a., located in Acerra (Naples province, Italy)?

Environmental groups of all political colours have voiced their deep concern over the potential polluting impact of this company, which has applied for and, several months ago, obtained authorisation for an extension from the Acerra municipal authorities.

Have the competent authorities commissioned any study or carried out any inquiry in order to alleviate the concerns of the public and the environmental groups? Has an environmental impact assessment been carried out concerning the authorisation of extension granted by the Acerra municipal authorities?

Answer given by Mrs Wallström on behalf of the Commission

(27 March 2002)

The Commission has the task of ensuring the correct application of Community law, in the light of the powers conferred on it by the EC Treaty. As the guardian of the EC Treaty, it does not hesitate to take all necessary measures, including infringement procedures under Article 226 of the EC Treaty, in order to ensure the observance of Community law.

However, the Commission cannot be aware of all situations which are likely to be considered as a bad application of environmental Community law by the Member States. Such situations are normally drawn to the attention of the Commission by letters of complaint, Parliamentary Written Questions and Petitions to the Petitions Committee of the Parliament. Situations claimed to be inconsistent with the relevant Community law need to be precisely described so as to enable the Commission to assess them in relation to applicable Community environmental law.

In the specific situations pointed out by the Honourable Member, the Community Directive on environmental impact assessment (EIA) (Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(1) whether before or after being amended by Council Directive 97/11/EC of 3 March 1997(2)) constitutes the possibly relevant Community law.

However, on the basis of the information given by the Honourable Member, due to a lack of specific grounds on the complaint on the application of the EIA Directive, no breach of it can be identified at present. Should the Honourable Member provide detailed information enabling the Commission to assess the issues in relation to the above-mentioned Directive, the Commission would be able to investigate this matter.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.